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August 21, 2017 Regulatory Developments

August 21, 2017 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on August 21, 2017:

  • On August 21, 2017 at 49 N.J.R. 2599, the Department of Children and Families and the Department of Health published notice of their proposal of amendments to their rules regarding substance affected infants.  The Department of Children and Families is proposing a new rule which will specify the content and process by which hospitals and birthing centers must make reports to the Division of Child Protection Permanency in connection with the birth of infants whose mother had a positive toxicology screen for a controlled substance or metabolite during pregnancy or at the time of delivery; who have a positive toxicology screen for a controlled substance after birth that is reasonably attributable to maternal substance use during pregnancy; who displayed effects of prenatal controlled substance exposure or symptoms of withdrawal relating from prenatal controlled substance exposure; or who display the effects of fetal alcohol spectrum disorder.  The Department of Health is proposing supportive amendments which will require that hospitals and birth centers implement policies requiring reports of substance abuse affected infants be made in accordance with the regulations of the Department of Children and Families.
  • On August 21, 2017 at 49 N.J.R. 2675, the Department of Human Services published notice of its proposed amendments to its rules regarding screening and screening outreach programs.  The proposed amendments reflect the inclusion of commitment to outpatient treatment in the commitment law, and delineate the standards and procedures for determining whether a consumer in need of involuntary commitment should be assigned to outpatient or inpatient treatment.
  • On August 21, 2017 at 49 N.J.R. 2698, the Department of Human Services published notice of its proposal of amendments to its rules and the proposal of new rules governing home and community-based services under Medicaid.
  • On August 21, 2017 at 49 N.J.R. 2726, the Department of Banking and Insurance published notice of its proposal of new rules which will set forth various requirements for contracts between pharmacy benefits managers and contracted pharmacies.
  • On August 21, 2017 at 49 N.J.R. 2729, the Department of Banking and Insurance published notice of its proposal of amendments to its rule and the proposal of new rules regarding claims processing.  Among other things, the proposed amendments would add a new provision which would prohibit carriers from denying or delaying payment of a claim while seeking coordination of benefits information, except for good cause.
  • On August 21, 2017 at 49 N.J.R. 2738, the Physician Assistant Advisory Committee of the State Board of Medical Examiners published notice of proposal of amendments to its rules and the proposal of new rules.  The proposed new rules will implement statutory amendments approved in 2015 which expanded physician-delegated scope of practice for physician assistants.  Among other things, the amendments would implement statutory revisions to the scope of practice for physician assistants, implement the requirement that all physician assistants maintain professional liability insurance or a letter of credit, and require physician assistants to have a separate written agreement with each physician who delegates medical services to the physician assistant.
  • On August 21, 2017 at 49 N.J.R. 2746, the State Board of Medical Examiners and the Board of Pharmacy jointly published notice of proposed amendments to their rules and the proposal of a new rule governing procedures for physician-ordered immunizations performed by a licensed pharmacist, as well as the requirements for pharmacists to administer flu vaccines to patients under 18 years of age.
  • On August 21, 2017 at 49 N.J.R. 2750, the State Board of Social Work Examiners published notice of its proposed amendments to its rule and the proposal of new rules governing practice as an LCSW, practice as an LSW and practice as a CSW.  In addition to setting forth scope of practice requirements, the proposal also includes expanded requirements regarding financial arrangements with clients, as well as other provisions concerning sexual misconduct; harassment; discrimination; reporting of violations by other licensees; advertising; the use of professional credentials and certifications; confidentiality; and clinical supervision requirements.
  • On August 21, 2017 at 49 N.J.R 2759, the Division of Consumer Affairs published notice of its amendments to its rules, as well as the amendments of new rules, to provide a definition for the term “companion services” and amend the definition of “health care service firm” to clarify that companion services are only to be offered by registered health care service firms.  The proposal also sets forth accreditation requirements for health care service firms.
  • On August 21, 2017 at 49 N.J.R. 2796, the Department of Health published notice of its readoption of rules governing the standards for attendance and participation at school by persons with HIV infection; standards for the AIDS drug distribution program; standards for HIV/AIDS counseling and testing of pregnant women; and standards for disclosure of children with HIV/AIDS status.
  • On August 21, 2017 at 49 N.J.R. 2800, the Department of Corrections published notice of its readoption with amendments to its rules governing health care services provided in correctional institutions.
  • On August 21, 2017 at 49 N.J.R. 2804, the Department of Banking and Insurance published notice of its adoption of an amendment to its rules regarding life/health/annuity forms.  The amendment incorporates a new definition of stop loss or excess risk insurance.

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